Anthony Clark Arend

The New York Times has instructive profiles on the four other persons that have been designated for trial in Federal District Court in the Southern District of New York. Reporter Liz Robbins writes:

Walid Muhammad Salih bin Attash
Walid Muhammad Salih bin Attash, known as Khallad, has told investigators that he played many roles in Al Qaeda, from acting as a bodyguard …

The blog Main Justice reports:
Former Attorney General Michael B. Mukasey on Friday criticized the Obama administration’s decision to prosecute a group of terrorism suspects accused in the Sept. 11, 2001, attacks in federal court, warning of safety risks to Americans and the possibility that national security information could be aired in civilian proceedings.
His speech to the conservative Federalist Society — …

The previous post noted the brief filed by the Obama Administration appealing the ruling of Judge John D. Bates in the Bagram detainee cases. With many thanks to SCOTUSblog, the brief can be found here. As Lyle Denniston of SCOTUSblog explains:
The Obama Administration argued strenuously on Monday that the Supreme Court’s 2008 decision providing a right for imprisoned terrorism suspects …

Numerous previous posts have discussed the possibility of civil suits against individuals involved in the detention and treatment of detainees. The BBC is reporting about a suit planned by Mohammed Jawad:
Mohammed Jawad was released and arrived in his native Afghanistan earlier this week. His family says he was 12 at the time of his detention in 2002.
He was in custody …

Much is being written about the soon-to-be released Inspector General’s report on the Central Intelligence Agency. Slated to be released on Monday, the report will allegedly disclose further abuses of detainees. For example, the New York Times reports:
C.I.A. jailers at different times held the handgun and the drill close to the detainee, Abd al-Rahim al-Nashiri, threatening to harm him if …

Earlier today, the Senate Armed Services Committee held a hearing on “legal issues regarding military commissions and the trial of detainees for violations of the law of war” (archived webcast here).  At that hearing, Department of Defense General Counsel Jeh Johnson supported the notion of “prolonged detention.”  He noted that “as a matter of legal authority”– citing the “laws of …

A previous post discussed the recent option by Judge John D. Bates in Hamlily v. Obama. In that case, Judge Bates set forth a standard for presidential detention authority. On Thursday, Federal District Court Judge Royce Lamberth adopted Judge Bates’s approach. In Mattan v. Obama, Judge Lamberth explained:
The Court reaches the same conclusion, and for the same …

Scott Horton over at The Daily Beast reports:
In a dramatic turn in Madrid this morning, Spain’s attorney general has stepped into the case involving former U.S. Attorney General Alberto Gonzales and five former senior Bush administration lawyers, overruling the decision of career prosecutors to adopt a criminal complaint against them and to proceed with an investigation. But this does not …